2003 Wisconsin Act 33

(b) Review the acts, orders, and determinations of the division.

(c) Act on any matters pertaining to this chapter that are submitted to it by the division.

(d) Perform other review functions relating to this chapter.

(e) Conduct hearings and take testimony, and subpoena and swear witnesses at such hearings. The review board shall have the subpoena powers under s. 885.01 (4).

(2) Appearances. An interested party may appear at a proceeding of the review board and may participate in the examination of witnesses and present evidence.

(3) Witness fees. A person who causes a witness to be subpoenaed shall advance the fees and mileage expense of the witness. Witness fees shall be the same as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the review board in the interests of the state shall be paid by the state upon presentation of proper vouchers approved by the chairperson of the review board and charged to the appropriation under s. 20.144 (1) (g).

(4) Review of acts, orders, or determinations. Any interested person or a savings association aggrieved by any act, order, or determination of the division, which relates to savings and loan associations, may, within 20 days after receipt or service of a copy of the act, order, or determination, file a written notice requesting the review board's review of the division's act, order, or determination. The review of the division's decision shall be solely to determine if the division acted within the scope of the division's authority and did not act in an arbitrary or capricious manner and to determine if the act, order, or determination of the division is supported by substantial evidence in view of the entire record as submitted. The review of applications for new charters, branch offices, or relocation of offices shall be based exclusively on the record and new evidence may not be taken by the review board. Requests for review under this subsection shall be considered and disposed of as speedily as possible.

(5) Review. A determination of the review board is subject to review under ch. 227. If an act, order, or determination of the division is reversed or modified by the review board, the division shall be considered to be a person aggrieved and directly affected by the decision under s. 227.53 (1).

(6) Board member not to act. A member of the review board may not act on any matter involving a savings and loan association or savings and loan holding company of which the member is an officer, director, employee, or agent.

33,2339 Section 2339. 215.141 of the statutes is amended to read:

215.141 Financially related services tie-ins. In any transaction conducted by an association, a savings and loan holding company, or a subsidiary of either with a customer who is also a customer of any other subsidiary of any of them, the customer shall be given a notice in 12-point boldface type in substantially the following form:

NOTICE OF RELATIONSHIP

This company, ..... (insert name and address of association, savings and loan holding company, or subsidiary), is related to ..... (insert name and address of association, savings and loan holding company, or subsidiary) of which you are also a customer. You may not be compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction.

If you feel that you have been compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction, you should contact the management of either of the above companies at either of the above addresses or the division of savings institutions banking at .... (insert address).

33,2341 Section 2341. 215.33 (3) (b) 2. of the statutes is amended to read:

215.33 (3) (b) 2. The accounts of the association are insured by the deposit insurance corporation or any other insurer acceptable to the division, or that adequate and sufficient securities have been deposited with the state treasurer secretary of administration to assure that the association will meet its obligations to the residents of this state.

33,2342 Section 2342. 215.40 (18) of the statutes is amended to read:

215.40 (18) Appeal by applicants after being denied certificate of authority. If the division refuses to grant a certificate of authority to organize an association, and the applicants feel aggrieved thereby, they may appeal to the review board to review the division's determination under s. 215.04 (1) (d) (b) and (4).

33,2343 Section 2343. 220.02 (2) (e) and (f) of the statutes are created to read:

220.02 (2) (e) Savings banks under ch. 214.

(f) Savings and loan associations under ch. 215.

33,2344 Section 2344. 220.02 (3) of the statutes is amended to read:

220.02 (3) It is the intent of sub. (2) to give the division jurisdiction to enforce and carry out all laws relating to banks or banking in this state, including those relating to state banks, savings banks, savings and loan associations, and trust company banks, and also all laws relating to small loan companies or other loan companies or agencies, finance companies, motor vehicle dealers, adjustment service companies, community currency exchanges, and collection agencies and those relating to sellers of checks under ch. 217, whether doing business as corporations, individuals, or otherwise, but to exclude laws relating to credit unions.

33,2346 Section 2346. 221.0303 (2) of the statutes is amended to read:

221.0303 (2) Operation and acquisition of customer bank communications terminals. A bank may, directly or indirectly, acquire, place, and operate, or participate in the acquisition, placement, and operation of, at locations other than its main or branch offices, customer bank communications terminals, in accordance with rules established by the division. The rules of the division shall provide that any such customer bank communications terminal shall be available for use, on a nondiscriminatory basis, by any state or national bank and by all customers designated by a bank using the terminal. This subsection does not authorize a bank which has its principal place of business outside this state to conduct banking business in this state. The customer bank communications terminals also shall be available for use, on a nondiscriminatory basis, by any credit union, savings and loan association, or savings bank, if the credit union, savings and loan association, or savings bank requests to share its use, subject to rules jointly established by the division of banking, and the office of credit unions and the division of savings institutions. The division by order may authorize the installation and operation of a customer bank communications terminal in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

33,2347 Section 2347. 221.0320 (3) (a) of the statutes is amended to read:

221.0320 (3) (a) In this subsection, "local governmental unit" has the meaning given in s. 22.01 16.97 (7).

33,2348 Section 2348. 221.0321 (5) of the statutes is amended to read:

221.0321 (5) Certain secured loans. A bank may make loans secured by assignment or transfer of stock certificates or other evidence of the borrower's ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender's rights in security given for a loan under this subsection. The division shall promulgate joint rules with the office of credit unions and the division of savings institutions that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

33,2349 Section 2349. 223.02 (1) (intro.) of the statutes is amended to read:

223.02 (1) Indemnity fund deposit. (intro.) Deposit at least $100,000 with the state treasurer secretary of administration or the state treasurer's secretary's agent in accordance with the following provisions:

33,2350 Section 2350. 223.02 (1) (b) of the statutes is amended to read:

223.02 (1) (b) The state treasurer secretary of administration or the state treasurer's secretary's agent shall pay over to the bank trust company the interest, dividends, or other income on deposit or may authorize the bank trust company to collect the interest, dividends, or other income. The state treasurer secretary of administration shall issue a certificate stating that a deposit has been made with the state treasurer secretary of administration or the state treasurer's secretary's agent in the manner provided in this section.

33,2351 Section 2351. 223.02 (1) (c) of the statutes is amended to read:

223.02 (1) (c) The state treasurer secretary of administration or the state treasurer's secretary's agent shall hold the deposit as security for the faithful execution of any trust which may be lawfully imposed upon and accepted by the trust company bank. The cash or securities shall remain in the possession of the state treasurer secretary of administration or the state treasurer's secretary's agent until otherwise ordered by a court of competent jurisdiction, unless released pursuant to par. (d).

33,2352 Section 2352. 223.02 (1) (d) of the statutes is amended to read:

223.02 (1) (d) The securities and cash deposited by a trust company bank may be released by the state treasurer secretary of administration or the state treasurer's secretary's agent and returned to the bank, if the division certifies to the state treasurer secretary of administration that the bank no longer exercises trust powers and that the division is satisfied that there are no outstanding trust liabilities.

33,2353 Section 2353. 223.02 (1) (e) of the statutes is amended to read:

223.02 (1) (e) The state treasurer secretary of administration may designate a banking corporation, having an authorized capital of $1,000,000 or more, to act as an agent to hold the cash or securities in safekeeping. The agent shall furnish to the state treasurer secretary of administration a safekeeping receipt for all cash and securities received by it. The agent shall pay the cash and securities to the state treasurer secretary of administration on demand without conditions.

33,2354 Section 2354. 223.105 (3) (a) of the statutes is amended to read:

223.105 (3) (a) To assure compliance with such rules as may be established under s. 220.04 (7), the division of banking, and the office of credit unions and the division of savings institutions shall, at least once every 18 months, examine the fiduciary operations of each organization which is under its respective jurisdiction and is subject to examination under sub. (2). If a particular organization subject to examination under sub. (2) is not otherwise under the jurisdiction of one of the foregoing agencies, such examination shall be conducted by the division of banking.

33,2355 Section 2355. 223.105 (4) of the statutes is amended to read:

223.105 (4) Notice of fiduciary operation. Except for those organizations licensed under ch. 221 or this chapter, any organization engaged in fiduciary operations as defined in this section shall, as required by rule, notify the division of banking, or the office of credit unions or the division of savings institutions of that fact, directing the notice to the agency then exercising regulatory authority over the organization or, if there is none, to the division of banking. Any organization which intends to engage in fiduciary operations shall, prior to engaging in such operations, notify the appropriate agency of this intention. The notifications required under this subsection shall be on forms and contain information required by the rules promulgated by the division of banking.

33,2356 Section 2356. 223.105 (5) of the statutes is amended to read:

223.105 (5) Enforcement remedy. The division of banking or the division of savings institutions or office of credit unions shall, upon the failure of such organization to submit notifications or reports required under this section or otherwise to comply with the provisions of this section, or rules established by the division of banking under s. 220.04 (7), upon due notice, order such defaulting organization to cease and desist from engaging in fiduciary activities and may apply to the appropriate court for enforcement of such order.

33,2357 Section 2357. 223.105 (6) of the statutes is amended to read:

223.105 (6) Sunset. Except for an organization regulated by the office of credit unions or the division of savings institutions, a savings bank or savings and loan association regulated by the division of banking, or an organization authorized by the division of banking to operate as a bank or trust company under ch. 221 or this chapter, an organization may not begin activity as a fiduciary operation under this section after May 12, 1992. An organization engaged in fiduciary operations under this section on May 12, 1992, may continue to engage in fiduciary operations after that date.

33,2358 Section 2358. 223.20 (3) of the statutes is amended to read:

223.20 (3) Surrender of trust powers. If a converted trust company bank has been fully discharged of all trusts committed to it, it may, by amendment to its articles of incorporation, duly adopted by its stockholders and approved by the division, surrender its powers to act in a fiduciary capacity. A trust company bank that surrenders its trust powers under this subsection shall eliminate from its corporate name the word "trust;" "trust" and may thereupon withdraw from the state treasurer secretary of administration all securities and cash that it has deposited with the state treasurer secretary of administration pursuant to s. 223.02.

33,2359 Section 2359. 224.71 (3) (b) 1m. of the statutes is amended to read:

224.71 (3) (b) 1m. A community-based organization, as defined in s. 16.30 560.9801 (1), or a housing authority, as defined in s. 16.30 560.9801 (2).

33,2360 Section 2360. 224.71 (4) (b) 1m. of the statutes is amended to read:

224.71 (4) (b) 1m. A community-based organization, as defined in s. 16.30 560.9801 (1), or a housing authority, as defined in s. 16.30 560.9801 (2).

33,2361 Section 2361. 224.77 (1m) (c) of the statutes is amended to read:

224.77 (1m) (c) All forfeitures shall be paid to the division of banking within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (b), within 10 days after receipt of the final decision after exhaustion of administrative review. The division of banking shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

33,2364 Section 2364. 227.01 (13) (zk) of the statutes is repealed.

33,2367 Section 2367. 227.03 (7) of the statutes is amended to read:

227.03 (7) Except as provided in s. 230.44 (4) (bm), this chapter does not apply to proceedings before the personnel employment relations commission in matters that are arbitrated in accordance with s. 230.44 (4) (bm).

33,2368 Section 2368. 227.10 (3) (e) of the statutes is amended to read:

227.10 (3) (e) Nothing in this subsection prohibits the administrator of the division of merit recruitment and selection in the department of employment relations office of state human resources management from promulgating rules relating to expanded certification under s. 230.25 (1n).

33,2369 Section 2369. 227.115 (1) (a) and (b) of the statutes are amended to read:

227.115 (1) (a) "Department" means the department of administration commerce.

(b) "State housing strategy plan" means the plan developed under s. 16.31 560.9802.

33,2370 Section 2370. 227.115 (3) (a) 5. of the statutes is amended to read:

227.115 (3) (a) 5. Housing costs, as defined in s. 16.30 560.9801 (3) (a) and (b).

33,2373 Section 2373. 227.44 (2s) of the statutes is repealed.

33,2376 Section 2376 . 227.47 (2) of the statutes is amended to read:

227.47 (2) Except as otherwise provided in this subsection, a proposed or final decision of the personnel employment relations commission, hearing examiner or arbitrator concerning an appeal of the decision of the secretary of employment relations made under s. 230.09 (2) (a) or (d) shall not be accompanied by findings of fact or conclusions of law. If within 30 days after the commission issues a decision in such an appeal either party files a petition for judicial review of the decision under s. 227.53 and files a written notice with the commission that the party has filed such a petition, the commission shall issue written findings of fact and conclusions of law within 90 days after receipt of the notice. The court shall stay the proceedings pending receipt of the findings and conclusions.

33,2377 Section 2377. 227.47 (2) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

227.47 (2) Except as otherwise provided in this subsection, a proposed or final decision of the employment relations commission, hearing examiner or arbitrator concerning an appeal of the decision of the secretary of employment relations director of the office of state human resources management made under s. 230.09 (2) (a) or (d) shall not be accompanied by findings of fact or conclusions of law. If within 30 days after the commission issues a decision in such an appeal either party files a petition for judicial review of the decision under s. 227.53 and files a written notice with the commission that the party has filed such a petition, the commission shall issue written findings of fact and conclusions of law within 90 days after receipt of the notice. The court shall stay the proceedings pending receipt of the findings and conclusions.

33,2378 Section 2378. 227.52 (3) of the statutes is amended to read:

227.52 (3) Those decisions of the division of banking that are subject to review, prior to any judicial review, by the banking review board, and decisions of the division of banking relating to savings banks or savings and loan associations, but no other institutions subject to the jurisdiction of the division of banking.

33,2379 Section 2379. 227.52 (5) of the statutes is repealed.

33,2380 Section 2380. 227.53 (1) (a) 1. of the statutes is amended to read:

227.53 (1) (a) 1. Proceedings for review shall be instituted by serving a petition therefor personally or by certified mail upon the agency or one of its officials, and filing the petition in the office of the clerk of the circuit court for the county where the judicial review proceedings are to be held. If the agency whose decision is sought to be reviewed is the tax appeals commission, the banking review board, the credit union review board, or the savings and loan institutions review board or the savings bank review board, the petition shall be served upon both the agency whose decision is sought to be reviewed and the corresponding named respondent, as specified under par. (b) 1. to 5. 4.

33,2382 Section 2382. 227.53 (1) (b) 4. of the statutes is amended to read:

227.53 (1) (b) 4. The savings and loan institutions review board, the division of savings institutions banking, except if the petitioner is the division of savings institutions banking, the prevailing parties before the savings and loan institutions review board shall be the named respondents.

33,2383 Section 2383. 227.53 (1) (b) 5. of the statutes is repealed.

33,2384 Section 2384. 227.53 (1) (d) of the statutes is amended to read:

227.53 (1) (d) Except in the case of the tax appeals commission, the banking review board, the credit union review board, and the savings and loan institutions review board and the savings bank review board, the agency and all parties to the proceeding before it, shall have the right to participate in the proceedings for review. The court may permit other interested persons to intervene. Any person petitioning the court to intervene shall serve a copy of the petition on each party who appeared before the agency and any additional parties to the judicial review at least 5 days prior to the date set for hearing on the petition.

33,2384c Section 2384c. 229.46 (1) (a) of the statutes is amended to read:

229.46 (1) (a) "Minority business" has the meaning given in s. 200.49 (1) (a) means a business that is certified by the department of commerce under s. 560.036 (2).

33,2384cj Section 2384cj. 229.70 (1) (a) of the statutes is amended to read:

229.70 (1) (a) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).

33,2384cm Section 2384cm. 229.8273 (1) (b) of the statutes is amended to read:

229.8273 (1) (b) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).

33,2384cr Section 2384cr. 229.845 (1) (a) of the statutes is amended to read:

229.845 (1) (a) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).

33,2384e Section 2384e. 230.01 (2) of the statutes is amended to read: